State of Wisconsin Circuit Court Jackson County STATE OF WISCONSIN. DA Case No.: 2012JA Plaintiff, Assigned DA/ADA: Gerald R.

Transcription

1 State of Wisconsin Circuit Court Jackson County STATE OF WISCONSIN DA Case No.: 2012JA Plaintiff, Assigned DA/ADA: Gerald R. Fox -VS- Agency Case No.: Court Case No.: 2012CF Kyle Warren Rott ATN: 277 N Water St #2 Black River Falls, WI DOB: 11/04/1992 Sex/Race: M/W Criminal Complaint Defendant, Timothy C. Nichols, of the Jackson County Sheriff's Department, being first duly sworn, states that: Count 1: ARSON OF BUILDING The above-named defendant on or about Saturday, July 09, 2011, in the Town of Adams, Jackson County, Wisconsin, by means of fire, did intentionally damage the building of Society Insurance, without that person's consent, contrary to sec (1)(a) Wis. Stats., a Class C Felony, and upon conviction may be fined not more than One Hundred Thousand Dollars ($100,000), or imprisoned not more than forty (40) years, or both. PROBABLE CAUSE: Your complainant is a Captain with the Jackson County Sheriff s Department. As a basis of your complainant s charge of said offenses your complainant has reviewed various reports prepared by Deputy Adam Olson, Detective Scott Bowe, Detective Kelly Bakken, of the same department, whom your complainant believes to be credible based upon past professional experience with them. Deputy Olson reports that on July 9, 2011, at approximately 12:01 AM, he was notified of a building fire at N5491 State Hwy 54 in the Township of Albion, Jackson County, Wisconsin, which was the location of the Rustic Mill Tavern. Deputy Olson reports that upon arrival he observed that the back to the building was on fire and flames were coming out of the second story windows and smoke was coming from the lower level windows. Deputy Olson reports that he saw a group of people standing across the road. The group of males stated that they had called 911 after seeing that the building was on fire. Deputy Olson reports that the males advised that they did not see anyone around the tavern since approximately 4:00 PM. Deputy Olson reports that he attempted to make contact with the owner of the Rustic Mill Tavern, Brian Adkins, on the cell phone number provided for him and was directed to Adkins voic without the phone ringing. Deputy Olson reports that this led him to believe that Adkins phone was turned off. Deputy Olson reports that he then spoke with Fire Fighter Nordahl who advised that they would be contacting the Fire Marshall to investigate the fire. Your complainant reports that on July 9, 2011, at approximately 1:25 PM, he was able to make phone contact with Brian Adkins. Your complainant reports that upon Adkins answering the phone Your complainant asked Adkins, How are you doin? and Adkins replied, Well, I ve had better years. Your complainant informed Adkins that he had some questions for him regarding the investigation that was being conducted to try to determine the cause of the fire at the Rustic Mill Tavern. Your complainant began by asking Adkins how he had found out about the fire. Adkins stated that he had received a phone call at approximately 10:10 PM 09/18/2012

2 Las Vegas time, from a female party that he identified as Mackenzie Demers, notifying him that she had heard on the police scanner that the Rustic Mill was on fire. Your complainant reports that it was known to the investigators that Adkins had returned to Las Vegas sometime in the last fourteen days prior to the fire, after shutting down the Rustic Mill. Your complainant reports that he asked Adkins how he was getting his information about the fire and Adkins stated that he had been talking both personally and via text messages, with his realtor James Haldeman. Adkins also made the comment, Facebook is blowing up with comments. Your complainant reports that he asked Adkins what was being said on Facebook and Adkins just said that one of the comments made was, Walks like a duck, talks like a duck. Your complainant reports that he took this statement to mean that people were implying that the fire was arson. Your complainant reports that he verified with Adkins the name of his insurance company and Adkins informed Your complainant that the insurance was through Society Insurance and the agent s name was Jeff Finn. Adkins stated that representatives of Society Insurance were planning on going to the scene on July 11, Your complainant reports that Adkins verified that the electric and gas to building had been shut off prior to the fire, and after the closing of the restaurant. Your complainant reports that he proceeded to ask Adkins if he knew of anyone that might want to set fire to the Rustic Mill, or if anyone had motive to do so. Adkins stated that he owed some money to some people, but he didn t think anyone of those people would set the fire. Your complainant reports that he asked Adkins what type of money was owed. Adkins stated that he owed about $9, to one vendor and about $1, to two (2) or three (3) other vendors. Adkins also informed Your complainant that he owed about $50, to Gaier Construction. Adkins stated that when the Rustic Mill closed there were approximately 17 employees, most of which were part-time. Your complainant reports that on July 9, 2011, at approximately 5:15 PM, he received a telephone call from Adkins. Your complainant reports that prior to receiving this call from Adkins he knew that ATF Agents had Adkins son, Tyler Keck, place a recorded phone call to Adkins after Tyler gave the ATF Agents information about who had possibly been the firestarter at the Rustic Mill. Your complainant reports that upon answering the phone Adkins informed him that he had just received a telephone call from his son, Tyler. Adkins stated that Tyler had told him that at approximately 11:30 PM on July 8, 2011, Tyler had received a phone call from Kyle Rott and that Tyler seemed to think that Kyle had something to do with the fire at the Rustic Mill. Your complainant reports that he asked Adkins who Rott was, and if Adkins knew him. Adkins stated that he didn t mention Rott earlier as an employee, but now said that Rott did work part-time at the restaurant, but only around 8 10 hours per week. Adkins further stated that he now remembered that approximately a week or so prior, Rott was present when Adkins had jokingly made the comment, I wish this place would just burn down. Adkins then stated, I hope Kyle didn t take me seriously because it was just one of those comments you make but aren t really serious about it. Detective Bowe reports that on July 9, 2011 he was assigned to investigate a fire at the Rustic Mill Tavern. Detective Bowe reports that he arrived at the Rustic Mill and met with fire department personnel and law enforcement personnel who were already on scene. Detective Bowe reports that there was heavy damage to the building as a result of the fire. Detective Bowe reports that Special Agent William Fulton, with the United States Department of 09/18/2012 2

3 Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) departed the scene in an attempt to conduct interviews in reference to this case. Detective Bowe reports that later on July 9, 2011, he was informed by SA Fulton that a lighter had been located lying on the ground in a grassy area on the northeast side of the Rustic Mill. Detective Bowe reports that on July 10, 2011, at approximately 10:50 AM, he and Special Agent James Grady with the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives, met with Tyler Keck at the Jackson County Sheriff s Department. SA Grady had previously met with Keck, and at that time Keck had completed a voluntary statement describing his knowledge of the case. Detective Bowe reports that prior to the interview he told Keck that he was not under arrest and was free to leave at any time. Detective Bowe asked Keck if he had any questions before the interview began and Keck asked about what would happen when he departed from the Sheriff s Department after the interview, and whether or not he would be hassled on his way home to California. Detective Bowe reports that he told Keck that he wanted him to contact him when he arrived in California, and provide Detective Bowe with his contact information. Detective Bowe reports that he reviewed the contents of the written statement that Keck had previously written with Keck. Keck stated that he had worked for his father, Brian Adkins, at the Rustic Mill. Keck stated that the first time he remembered speaking with Adkins about the Rustic Mill burning down was sometime in approximately March of At that time Keck said Adkins had told him that he could blow the pilot light out to the heater in the bar. Detective Bowe reports that Keck stated that following that it became almost a regular topic of conversation for Adkins to mention that the Rustic Mill was worth more on the ground than it was standing. Detective Bowe reports that he asked Keck if he knew what Adkins meant by the statement. Keck said his impression was that the Rustic Mill was worth more to Adkins if he collected the insurance money for it, as opposed to it remaining open for business. Keck stated that on the afternoon of June 29, 2011, he was present at the Rustic Mill with Adkins, Kyle Rott, and Jamie Syron. Keck said he remembered the day, as it was the day that the power was shut off at the Rustic Mill. Keck stated that he was involved in a conversation with Adkins and Rott. Keck stated that Syron was present, but not involved in the conversation. Detective Bowe reports that Keck stated that during the course of the conversation Adkins asked Rott to start the Rustic Mill on fire. Keck stated that Adkins told Rott he would give him $10, to start the place on fire. Keck stated that Rott responded by saying that he would burn the place down for two (2) cartons of cigarettes. Keck stated following that they all laughed. Keck stated that Adkins and Rott then shook hands with each other, and Adkins said deal to Rott. Keck stated that Rott told Adkins he would start the place on fire on the evening of June 29, 2011, however, Adkins told Rott to wait until Adkins was out of town so he did not get involved. Detective Bowe reports that Keck stated that he and Rott then returned to cleaning out the cooler at the Rustic Mill. Keck said that he and Rott continued to discuss Rott burning down the Rustic Mill. Keck stated that he told Rott that he was stupid for doing it for two (2) cartons of cigarettes, and that Keck would have only done it for cash. Keck stated that Rott told him that he did not care, and that the cigarettes and the experience were enough. Keck stated that he subsequently laughed at Rott, and their conversation ended with him thinking that Rott was just bluffing about starting the Rustic Mill on fire. 09/18/2012 3

4 Detective Bowe reports that after he left the Rustic Mill on June 29, 2011, he met Adkins at Pizza Hut in Black River Falls. Keck stated at that time the topic came up again about Rott burning down the Rustic Mill. Keck stated that he told Adkins that Rott was an idiot for agreeing to do it for two (2) cartons of cigarettes, and Adkins responded saying that Rott was an idiot, and that he would have given him $10, to do it. Keck stated Adkins also indicated that he would save money by not paying Rott to do it. Detective Bowe reports that Keck further stated that Adkins told him that Rott would be the only person to do it. Keck stated that he responded by telling Adkins that he (Keck) did not have the balls to do it, and it was way out of his league. Keck stated that Adkins subsequently told him that he knew that, and that was why he did not ask Keck to burn down the Rustic Mill. Detective Bowe reports that Keck stated on July 8, 2011, he saw Rott at WalMart in Black River Falls. At that time Rott approached Keck and said hello. Keck stated that Rott then told him that he was still going to do it, which Keck believed to be referring to starting the Rustic Mill on fire. Keck stated he laughed at Rott and said, yeah right, as he did not believe that Rott was serious. Keck stated that later on July 8, 2011, between approximately 11:15 PM and 11:45 PM, he received two (2) telephone calls and one text message from Rott. During the course of the first telephone call Keck stated that Rott told him he was there, and ducking traffic. Keck stated he thought Rott was joking and hung up on him. Keck stated he next received a text message from Rott which said, it s up. Keck stated he again thought that Rott was joking and he did not respond to the text message. Detective Bowe reports that Keck stated he received another telephone call from Rott. At that time Rott asked Keck if he heard the sirens, and Keck said, no. Keck stated that Rott told him that Adkins owed him the two (2) cartons of cigarettes. Keck stated he proceeded to tell Rott that he was out of his mind. Keck stated he told Rott to stop contacting him, and to delete all of the telephone calls and messages from his cellular telephone that pertained to Keck as he did not want to get involved. Keck stated that he also deleted all of the contacts with Rott from his cellular telephone. Detective Bowe reports that Keck stated after he spoke with Rott, he contacted Adkins via telephone. At that time Keck told Adkins that he was freaking out and asked Adkins what he should do. Keck stated that Adkins told him to go over to the fire scene, and to act normal. Keck stated that Adkins further told him that Rott had already called him and told him that the Rustic Mill was on fire. Your complainant believes the statements of Tyler Keck as he is a witness to this incident. Detective Kelly Bakken reports that on July 10, 2011, she and Special Agent Michael Reimer, with the Wisconsin Department of Justice Division of Criminal Investigation, State Fire Marshall s Office, responded to the location of Warren Rott s residence. Detective Bakken reports that she knocked on the door and Kyle Rott answered the door. Detective Bakken reports that Rott was advised that she and SA Reimer wanted to speak to him in regards to the fire at the Rustic Mill, at which time it was requested that Rott speak to them at the Jackson County Sheriff s Department. Detective Bakken reports that Rott agreed and was advised that they would give him a ride to the department and a ride back home. Detective Bakken reports that upon arrival at the Sheriff s Department, Rott was escorted into the interview room and advised that the door was not locked and that he was free to leave at any time. Rott stated that he understood. Rott stated that he worked at the Rustic Mill and had started his employment there sometime in July of Rott stated that he worked there 09/18/2012 4

5 until June Rott stated that he cleaned tables and washed dishes. Rott stated at the beginning of his employment he was given a lot of hours, but as time went on his hours got less and less. Rott contributed this to bad business. Rott stated that he could not recall everyone that worked at the business, but recalled working with Brian s wife, Laura. Rott stated that initially Brian and Laura lived in the upstairs apartment, but later moved and remodeled the upstairs into a game room. Rott believed that Brian and Laura had gutted the apartment to turn it into the game room. Rott stated that once the remodeling was complete they added pool table and dart boards. Rott stated that he recalled being told that the remodel cost a lot of money. Detective Bakken reports that Rott was asked about other employees and stated that he recalled Tyler Keck, Brian Adkins son, was a bartender. Detective Bakken reports that Rott stated that he believed the Rustic Mill had closed because Adkins had gone bankrupt, but stated that Adkins did not talk to him about it. Detective Bakken reports that Rott originally claimed that he had not spoken to Adkins since the fire. Rott stated that he had talked to Keck, and their conversation was mainly about job openings and finding a job. Rott then stated that he had spoken to Keck the night before and during the conversation they spoke about the Rustic Mill and how they both thought it was arson. Rott stated that there was no gas or electrical to the building, so they believed it had to have been arson. Rott stated that he and Keck were trying to figure out who would have done it and how it would have happened. Rott stated that he and Keck believed someone would have broken in and used a starting liquid. Detective Bakken reports that Rott was confronted about speaking with Adkins around the time of the fire and Rott eventually admitted that he had spoken to Adkins the night of the fire because Rott called him to tell him the Rustic Mill was on fire. Rott stated that it was a short conversation that occurred right around midnight, or a little after. Detective Bakken reports that Rott stated that one of his buddy s had propositioned him to burn the Refuge in Hammond. Rott stated that he was offered $ to burn it down. Rott stated he was not sure if he wanted to do it or not, so he text messaged his friend, Kali Oliver, and asked her what he should do. Rott stated that Kali told him it was not a good idea. Detective Bakken reports that Rott was confronted about the inconsistencies in what he was reporting and what other people had reported. Detective Bakken reports that initially Rott stated he talked to Keck about starting the fire and getting two (2) cartons of cigarettes for starting the fire, but Rott stated that he did not do it because he was just too busy. Rott stated that this conversation took place at WalMart. Rott stated that he told Keck that he was going to do it, but did not do it. Detective Bakken reports that Rott was told that law enforcement had spoken to several people about the fire and were aware that Rott was involved. Detective Bakken reports that Rott made a statement that he was involved in the fire, at which time he stood up and emptied his pockets on the table of the interview room. Detective Bakken reports that she observed a red colored lighter which Rott later advised he had started the fire with. Detective Bakken reports that Rott stated that on the night of the fire he had snuck out of his residence after everyone was in bed and walked to the Rustic Mill via the ditch. Rott stated that he initially walked in the ditch on his house side of the road and eventually went to the Rustic Mill side of the road. Rott stated during this time he was carrying a red colored gas can and a wine bottle containing gasoline. Rott stated that while he was walking in the ditch he stayed in the tall grass so passing cars could not see him. Rott stated that once at the Rustic 09/18/2012 5

6 Mill he went up the outside stairs and at the top of the stair case he laid on the landing and kicked the bottom of the door. Rott stated that the door actually broke and only the bottom half opened. Rott stated that he entered through the bottom half of the door and went to the bar area of the main level of the building. Rott stated that he used the wine bottle and began pouring and shaking gas on the bar from about the middle of the bar. Rott stated that the gas went onto the bar and onto the floor area. Rott stated that he continued to pour the gas down the stairs into the lower level. Detective Bakken reports that Rott described how he went to the ramp door, at which time he lit the fire with the red lighter. Rott described how the fire was going a little and then would stop and start again. Rott stated that he exited the building through what he described as the ramp door. Detective Bakken reports that Rott reported placing the gas can in the basement of the Rustic Mill near a chain saw prior to leaving, and had thrown the wine bottle in the basement prior to leaving. Rott described the wine bottle as a Red Diamond, dark green in color. Rott stated he then walked back to his residence. Rott stated that as he was leaving he could see some flames through the window. Rott stated that he believed he had only been in the bar for approximately five (5) or six (6) minutes, but had been gone from his residence for about an hour. Detective Bakken reports that Rott stated while he was walking home after starting the fire he had a cigarette, and then called 911 to report the fire. Rott stated that when he called 911 the dispatcher told him that they had already received several calls. Your complainant believes the statements of Kyle Rott as they are made against his penal interest. As a further basis of your complainant s charge of said offenses your complainant has reviewed reports prepared by ATF s Financial Investigative Services Division. Based on those reports your complainant believes that Rustic Mill owner, Brian Adkins, had a financial motive to want to have the business destroyed by arson. Based on the foregoing, the complainant believes this complaint to be true and correct. Subscribed and sworn to before me, and approved for filing on: This day of October, 2012 Timothy C. Nichols, Complainant Gerald R. Fox District Attorney State Bar No /18/2012 6